Ash-Shahabah: Jurnal Pendidikan dan Studi Islam
Vol. 6 No. 2 (2020): Ash-Shahabah: Jurnal Pendidikan dan Studi Islam

KONSEPSI HARTA BERSAMA DAN PENGUASAANNYA MENURUT UNDANG�UNDANG PERKAWINAN DAN KITAB UNDANG-UNDANG HUKUM PERDATA

Eman Sulaiman (Fakultas Syari’ah dan Hukum Universitas Islam Negeri (UIN) Alauddin)



Article Info

Publish Date
20 Feb 2023

Abstract

This article describes the Conception of Joint Assets and Their Mastery According to the Marriage Law and the Civil Code. From the results of the discussion obtained an understanding that joint property in Law Number 1 of 1974 concerning Marriage, is limited only to assets obtained during marriage, while assets that are brought before each marriage are called luggage. However, joint property in the Civil Code is not limited to goods (assets) obtained during marriage, but also includes all assets and liabilities (debts), which are held before the marriage takes place, then legally the unity of assets is formed at the time of marriage take place, as long as there is no marriage agreement about that. The management of joint assets in Law number 1 of 1974 needs to be distinguished first whether it is shared property or luggage. If it is shared property, then all legal actions both by the wife and by the husband must be with the agreement of the wife or husband. This can be understood because Law No. 1 of 1974 contains a principle of equality between husband and wife. But it is different for each inheritance to act individually before. While the mastery of shared assets in the Civil Code is entirely in the hands of the husband, the husband can do legal actions without the consent of the wife.

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Journal Info

Abbrev

ASH

Publisher

Subject

Religion Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Ash-Shahabah: Jurnal Pendidikan dan Studi Islam merupakan jurnal ilmiah yang diterbitkan oleh Fakultas Agama Islam Universita Islam Makassar (UIM) dengan fokus dan ruang lingkup kajian Ilmu Pendidikan, Pendidikan Islam, Manajemen Pendidikan, Media Pembelajaran, Pemikiran Islam, Hukum Islam ...